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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a cash bond and attendance conditions.

Summary

Amit Kumar was arrested in connection with a theft on a train and charged under sections 303(2), 317(2), 317(4) and 3(5) of the B.N.S. He had been in custody since 13 October 2025 and claimed innocence despite having thirteen prior criminal records. He applied for regular bail, while the State opposed the relief. The Court examined the nature of the offences, the petitioner’s antecedents and the length of custody, and concluded that bail could be granted with appropriate security. Accordingly, the Court ordered his release on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the condition that he report to Kazipur Police Station every Sunday. Failure to comply would lead to cancellation of the bail.

Issues considered

  • Whether regular bail should be granted to the petitioner charged under sections 303(2), 317(2), 317(4) and 3(5) of the B.N.S. despite his prior criminal antecedents and prolonged custody

Legislation cited

  • B.N.S. — s. 303(2), 317(2), 317(4), 3(5)

Subjects

  • bail
  • regular bail
  • theft
  • criminal antecedents
  • B.N.S.
  • court conditions
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27013 of 2026
                   Arising Out of PS. Case No.-113 Year-2024 Thana- SONPUR RAIL P.S. District- Saran
                 ======================================================
                 Amit Kumar S/o Ram Narayan Singh Resident of Village- Ismailpur, Harauli,
                 ward no. 2, P.S.- Kazipur, Dist.- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Ranjan No. II, Advocate
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sonepur Rail P.S. Case No. 113 of 2024 registered for the

                   offence under sections 303(2), 317(2), 317(4) and 3(5) of B.N.S.

                                3. As per the prosecution story, petitioner is accused

                   of committing theft in a train.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has thirteen criminal antecedents. He

                   further submits that the petitioner is in custody since 13.10.2025

                   without any fault.

                                 5. Learned APP appearing for the State opposes the

                   prayer of the petitioner for grant of bail.

                                6. Considering the facts and circumstances of the case
              Patna High Court CR. MISC. No.27013 of 2026(2) dt.22-04-2026
                                                          2/2




                        as well as the submissions of learned counsel for the petitioner,

                        this application is allowed.

                                     7. Let the petitioner, above named, be released on bail

                        upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                        Thousand Only) with two sureties of the like amount each to the

                        satisfaction of learned Addl. Sessions Judge-XV, Saran at

                        Chapra/ concerned Court below, in connection with Sonepur

                        Rail P.S. Case No. 113 of 2024.

                                     8. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Kazipur Police Station, District- Vaishali on every Sunday of the

                        month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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